South Africa’s section 2(2) protects against statelessness for children born to Malawian nationals in South Africa in the following instances by LHR's understanding: Legal Guidance: 1.1 Any person born in South Africa to two Malawian parents who are citizens by descent does not automatically acquire Malawian citizenship as of right and therefore qualifies for South African citizenship under section 2(2). 1.2 Any person in South Africa born to a Malawian citizen by descent, and whose other parent cannot pass their nationality to the child (due to nationality law, or death, absence or unwillingness of parent to acknowledge paternity/maternity) is also stateless and qualifies for South African citizenship under section 2(2). 2.1 Any person born in South Africa to Malawian citizens by birth, who does not comply with section 7 by age 22, qualifies for South African citizenship under section 2(2) on the grounds that he does not have the right to citizenship or nationality in another country. 2.2 Any person born in South Africa to one Malawian citizen by birth, and whose other parent cannot pass their nationality to the child (due to nationality law, or death, absence or unwillingness of parent to acknowledge paternity/maternity) qualifies for South African citizenship under section 2(2) on the grounds that he does not have the right to citizenship or nationality in another country. 3.1 Any person, born in South Africa to a Malawian who is not of the African race, and whose other parent cannot pass their nationality to the child (due to nationality law, or death, absence or unwillingness of parent to acknowledge paternity/maternity) does not qualify for Malawian citizenship at birth. Therefore, such person qualifies for South African citizenship under section 2(2) on the grounds that he does not have the right to citizenship or nationality in another country. Finding a solution for clients: immigration status and citizenship Malawi). Thus, persons who are citizens by descent (born outside Malawi) cannot pass their Malawian citizenship to their children born abroad. They may, under section 17, apply for ‘registration of minor children’ but this is a discretionary procedure that is only available under the law if the child is ‘ordinarily resident’ in Malawi. It should be noted that Zambia has a similar temporal requirement for children born abroad to citizens to confirm their citizenship or lose it by age 22. Mozambique In the early 1900s in South Africa, many Mozambicans came to work on the mines. Later, Mozambique had a long-standing civil Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide 91

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